Shelby County, Indiana
In the name of the benevolent Father
of all, I Martin Warner of the County of Shelby and State of Indiana,
Being of full age and sound mind and memory make and declare this as
my last will and Testament.
I direct that at my
decease my body be respectfully interred in a way corresponding with
I direct that all my
debts including funeral expenses be paid from the first money coming
to the hands of my executors.
Whereas I have already
conveyed to my daughter Estal Higgins and her husband J.
Higgins lands which lie in Bartholomew County and State of
Indiana one hundred and forty five acres (be the same more or less)
which was appraised by J. C. Deacon and Christopher Girton
at forty dollars per acre making five thousand and eight hundred
I now devise and
bequeath to my daughter Esta Higgins all the rents and profits
arising from eighty acres of land, it being the west half of the
North west quarter of section twenty-six Township No. eleven North of
Range Six E in Shelby County and State of Indiana, during her natural
life which is devised to the exclusive benefit of the said Esta
Higgins and her children. It is expressly my intention that no one
shall have any right to control the rents of the aforesaid lands
except my daughter Esta Higgins or whomsoever she may direct only to
the special benefit and support of her and to the special benefit and
education of her children.
After the death of
the said Esta Higgins I devise said tract of land in fee simple to
the children of said Esta Higgins.
If all the children
of said Esta Higgins should die without issue and after the death of
said Esta Higgins I devise the rents of said lands to my surviving
children. If they are dead then the fee simple of said lands shall
descend to their children. This land having been appraised by the
appraisers aforesaid at Fifty five dollars per acre being four
thousand and four hundred dollars.
I also bequeath to my daughter Esta Higgens of money arising from
my personal estate one thousand eight hundred dollars with the
following conditions i.e.
The Court shall appoint some suitable
man as trustee who shall hold said money and shall loan it out at
customary interest and pay the interest to and for the special
benefit and maintainance of said Esta Higgens and especially also for
the maintainance and education of her children.
At the death of said Esta Higgens the
principal and such interest as may be unpaid shall descend jointly to
the children of said Esta Higgens, if any are living, if all are dead
this money shall be disposed of and descend in like manner as
provided in the lands bequeathed to said Esta Higgens.
My intention is that the lands
conveyed and the devises and bequests herein made to the said Esta
Higgens shall amount to Twelve thousand dollars as per appraisement.
I also devise and
bequeath to my daughter Sarah Porter the rents and profits of
the following tract of land It being the South east quarter of
section Twenty seven Township No. Eleven North of Range six E in
Shelby County and State of Indiana. The said Sarah Porter shall be
entitled to all the benefit profits or rents of said farm for her
benefit and support and especially for the maintainance and education
of her children.
At the death of said Sarah Porter I
devise the said lands to the children of said Sarah Porter. If her
children are all dead then the said land and the rents and profits
shall descend in the same manner as provided in the bequest made to
I intend and direct that if the
husband of said Sarah Porter, C.A. Porter will improve said
land with buildings and otherwise he said C.A. Porter shall have the
rents and use of said lands as long as he lives and that if the said
Sarah Porter die before the said C.A. Porter, and said C.A., Porter
will still continue to maintain support and educate the children of
said Sarah Porter during their minority, The said C.A. Porter may
still have the use of said farm after the children have passed their
minority up to the time of his death at which time the aforesaid land
shall descend to the children of said Sarah Porter. In case that all
the children of said Sarah Porter die without issue and after the
death of said Sarah Porter, and after the death of C.A. Porter, I
devise this land to my surviving children or their children as
provided for in the case of Esta Higgens.
The whole amount of this bequest is to
amount to Twelve thousand dollars as per appraisement.
I also direct and bequeath to my daughter Sonora V. Nading the rent profits and use of the following tract of land It being the
south west quarter of Section No. twenty six in Township No Eleven
North of Range Six E in Shelby county and State of Indiana.
The use and rents as aforesaid shall
belong jointly to Sonora V. Nading and her husband John Nading,
should my daughter S.V. Nading have any children so much as may be
necessary of the rents as aforesaid of this land shall be used for
the support of S.V. Nading and for the maintainance and education of
her children as may be amply necessary. In case of the financial
embarrassment of said John Nading. The provisions made for them
jointly in this will shall belong exclusively to said S.V. Nading. In case that said S.V. Nading die before her husband, John Nading the
said John Nading shall still be entitled to the use and rents of said
farm as long as he lives provided that if said S.V. Nading leave
children. So much as may be amply necessary of said rents shall be
used and applied to the maintainance support and education of said
If the said John Nading should die
before said S.V. Nading all the bequests and devises made to them
jointly shall belong exclusively to said S.V. Nading and at her death I devise said land to her children if there are any living, if there
are none then I devise the rents and profits of said land to my
surviving children if any are living if none are living then I devise
said land to my surviving Grand Children. This land was also
appraised by the appraisers aforesaid at Twenty five dollars per acre
amounting to Twelve thousand dollars making said S.V. Nading and her
husband John Nading equal with Esta Higgens and Sarah Porter.
I also devise and
bequeath to my Grandson Walter Walker Eighty acres of land on
condition named hereafter in this will.--- The land being the East
half of the South west quarter of Section No. Thirty in Township No.
Eleven North of Range No. six E in Shelby county and state of
The said Walter Walker shall not have
the right to sell said land until he shall arrive at the age of
Twenty five years. And if the said Walter Walker should not become
the father of a legitimate child or children he shall not have the
right to sell said land at any time. But at his death the rents and
profits of said land shall descend to and vest in my three children
named in this will if living or to the survivors of them. If they
are not living or upon their death I devise said land to my
Grandchildren in fee simple. If the said Walter Walker should become
the Father of a legitimate child or children this land after the
death of said Walter Walker shall descend to his children providing
said Walter Walker may not have sold said land after he may have
arrived at the age of Twenty five years.
The Court shall appoint a suitable
person as Guardian for said Walter Walker and the rents and profits
of said land shall be applied if the whole be necessary to the
support maintainance and education of said Walter Walker excepting so
much of said rents as will be necessary to keep the farm in repair
and pay taxes therein.
It is to be understood that said
Guardian shall give special attention to the education of said Walter
Walker. If the maintainance and education of said Walter Walker
should not require all the rents and profits of said land the
remainder shall be loaned out at interest and paid over to said
Walter Walker after he shall arrive to the age of twenty one years.
I also direct and
bequeath to the said Walter Walker in money arising from my estate
one thousand dollars on the following condition, said Walter Walker
shall not be entitled to said money untill after my death. In case
that I die before the said Water Walker shall arrive to the age of
Twenty one years of age, And if it should be desirable to said Walter
Walker to use in addition to said rents of said lands the interest of
this one thousand dollars the more fully to complete his education
the same shall be used for said purpose. If the said Walter Walker
should be married when he arrives at the age of Twenty one years he
shall then be entitled to the principal and unapplied portion of
interest of said one Thousand dollars. If said Walter Walker should
be unmarried when he shall arrive to the age of twenty one years he
shall be entitled to said one thousand dollars and unpaid interest
upon the day of his marriage. But if the said Walter Walker is not
married when he shall arrive at the age of twenty five years he shall
be entitled to said one thousand dollars and unapplied interest
though he may be unmarried.
If my children
should all be dead the property therein devised and bequeathed shall
go to my Grand Children in equal proportion so that each seperate set
or class of children shall be entitled collectively to the amount
their mothers would have been entitled to if they had survived.
I also devise
and bequeath to my affectionate wife Amanda Warner during her
life the rents profits and control of all that portion of land of
which I am the owner at this time it being a part of the North half
of the North west quarter of section No Thirty five in Township No
Eleven North of Range Six E in Shelby county and State of Indiana
containing about Seventy six acres be the same more or less. This
bequest shall also include all the lots of which I am the owner at
this time in the Town of Flat Rock in said county. They being
formerly a part and parcel of said tract of land. This land and lots
are estimated to be worth Eight thousand dollars.
Should I by the consent of my wife
Amanda Warner sell this tract of land and lots while I live the said
Amanda Warner shall be entitled to the interest of the money arising
from said sale. The said Amanda Warner may sell and convey said land
and lots after my death by proper deeds of conveyance and without an
order from Court and be entitled to all the interest arising from the
principle of such sale subject to said trusteeship.
After the death
of myself and wife this land and lots shall be sold if unsold at that
time and the money arising from said sale shall descend to my three
children now living or their children and to be governed by the same
rules as and provided for herein as to the devises and bequeaths made
to them elsewhere in this will.
I also bequeath to my wife Amanda
Warner Two Thousand dollars being money she inherited from her
Fathers estate which has become consolidated with my property. This
amount of two thousand dollars is bequeathed to my wife Amanda Warner
without any restrictions whatever. She has the right to bequeath or
give the same to whom she may wish or desire.
I also bequeath
to my wife Amanda Warner the interest or use of Four thousand dollars
from my personal estate. To the interest of this Four thousand
dollars she shall be entitled while she lives which shall be placed
in the hands of a Trustee and be under the same rule and restriction
as the money bequeathed to my children.
At the death of my wife Amanda Warner
the principal and unpaid portion of interest of the whole amount
bequeathed to her in this will except the two thousand dollars
heretofore named shall descend and vest in my children or to their
children and in the hands of said Trustee shall be under the same
rules restrictions and conditions as the money herein bequeathed t
I also direct
that if the Methodist Episcopal Church North or the M. E. Church
South will build a church within one half mile of Flat Rock Station
on the Columbus and Rushville Rail Road in said county and said
Church building is considered worth two thousand and five hundred
dollars when finished, Then I bequeath to be paid out of my personal
estate for the erection of said building the sum of one thousand
dollars, said one thousand dollars nor any portion thereof shall not
be paid untill said house is finished. Said Church house must be
finished in five years from the first day of March 1873 or loose the
benefit of this provision. If either branch of said church shall
commence said building and get the foundation laid for said building
with a view of being benefited by this provision, The other branch
can not subsequently commence and realize the benefit of this
provision unless that the party commencing first shall fail to have
their building finished at the end of Five years as aforesaid.
Neither party however shall be
entitled to this provision if said building is unfinished at the end
of Five years as aforesaid.
I also bequeath
to my brother John L. Warner after my death if he should
survive me the use or interest of one thousand dollars said interest
shall be paid to him annually while he lives. After his death the
principle of said one thousand dollars shall revert to my estate in
like manner as the other provisions in this will.
I also direct
that when all the bequests of this will are filled that if there be
any money or property of any kind left or any of the bequests fall
back, The same shall be turned into money and shall be equally
divided between my wife Amanda Warner and my three children and my
Grand Son Walter Walker, making five shares. If either of the five
be dead then to the survivors and their children if any are living as
provided for them elsewhere in this will.
These shares what ever they may be are
subject in the hands of said Trustee to the same rules as the money
bequeathed to them elsewhere in this will.
I constitute and appoint my brother George Warner and my
wife Amanda Warner the executors of this my last will and testament
Witness my hand and Seal this 4th
day of May 1872.
Martin Warner (SEAL)
Signed published and declared by the
said Martin Warner as his last will and testament in our presence and
in testimony whereof we have hereunto subscribed our names as
witnesses in his presence and in the presence of each
Christopher Girton George Warner
John C. Deacon
I Amanda Warner wife of Martin Warner the testator of the foregoing will having made
myself thoroughly acquainted with all the provisions of the foregoing
will of my said husband, do fully approve of said will and acquiesce
in all its provisions and join in the same with my signature in
presence of these witnesses the day and date above written.
State of Indiana
Shelby County SS
Be it remembered that on the 22d day
of August 1872 George Warner and John C. Deacon two of the
subscribing witnesses to the within and foregoing last Will and
Testament of Martin Warner late of said County deceased. Personally
appeared before John Elliott Clerk of the Court of Common Pleas of
Shelby County in the State of Indiana and being duly sworn by the
Clerk of said Court, upon their oath declared and testified as
follows, that is to say: That on the fourth day of May A.D. 1872
they saw the said Martin Warner sign his name to said instrument in
writing as and for his last will and testament and that these
deponents at the same time heard the said Martin Warner declare the
said instrument in writing to be his last will and testament, and
that the said instrument in writing was at the same time at the
request of the said Martin Warner and with his consent attested and
subscribed by the said Christopher Girton, George Warner and John C.
Deacon in the presence of said testator and in the presence of each
other as subscribing witnesses thereto and that the said Testator
(Viz. Martin Warner) was at the time of the signing and subscribing
of said instrument in writing as aforesaid, of full age (that is more
than twenty one years of age) and of sound and disposing mind and
memory, and not under any coercion or restraint, as the said
deponents verily believes and further deponents says not.
George Warner John C. Deacon
Sworn to and subscribed by the said
Deponents before me, John Elliott Clerk of said Court, at Shelbyville
the 22d day if August 1872
In attestation whereof, I have
hereunto subscribed my name and affixed the seal of said
John Elliott Clerk
State of Indiana
Shelby County SS
I John Elliott Clerk of the Court of
Common Pleas of Shelby County Indiana do hereby certify that the
within annexed will and Testament of Martin Warner has been duly
admitted to Probate and duly proved by the testimony of George Warner
and John C. Deacon two of the subscribing witnesses thereto, that a
complete record of said Will, and of the testimony of the said George
Warner and John C. Deacon in proof thereof has been by me duly made
and recorded in Book No. 1 at pages 344 to 350 of the Records of
Wills of said County.
In attestation whereof I have hereunto
subscribed my name and affixed the Seal of said Court at Shelbyville
the 22d day of August 1872.
Common Pleas Shelby County (SEAL)
Contributed by Barb Huff
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